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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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Last year (February)do to personal circumstance I wanted

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Hello, last year (February)do to personal circumstance I wanted to leave the job,(my partner found different job and I could not fit the hours and have a childcare for 14 h a day). I was working as a Team-leader in a food factory, 4 in and 4 off. The last day my work place offered me different position (Trainers) and I was able to work 5 days a week on nights. They told me that Shifts managers will tell me what they want to be trained. My contract never been changed, I never got official confirmation about new position and properly explanation what my duties was. So I was doing what I been asked to do. Last year in November they send me on Course (for trainers). In December one lady came back from maternity leave and they could not find the place were to put her(she was Shift manager before). So they asked me or I can go back to line so this lady can be a Trainer. I said I can If my money stays the same, unfortunately they cut my money down. So I feel roped off. I'm still on Team leaders contract, but month ago I changed my working hours.( working now Saturdays, Sundays and Mondays - 12h shifts). After all this changes I never got even a official letter with explanation was going on. It was not my fault that they could not find different position for that lady.It is all legal what they dun and how they dun it? What I should do now? Thanks, Inta.
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. How long have you worked there for?
Customer: replied 1 year ago.
Hi Jenny, in June will be 6 years.
Expert:  taratill replied 1 year ago.
Have you raised a grievance about this?
Customer: replied 1 year ago.
No, I am not from people who runs to offices and complaining. And they know that.
Expert:  taratill replied 1 year ago.
Ok thanks, ***** ***** long ago did you move back to your original job and were you ever told that the new position was temporary or cover for another person?
Customer: replied 1 year ago.
I am not a Team leader any more, I am working on the line, the same when I started working there. I went back on the Lines properly when I started doing again 12 hours shifts, that is about month ago. They did told me first that that Trainers position is for about three month, when I told them that I do not want because after three month I will need to look for an other job they told me that that is for an unlimited time. So I agreed and cancelled my job interview.( I had one for different job)
Customer: replied 1 year ago.
When I working on the line and if there is a new starter they want to put them with me, so I can train them. It is not my job any more. Can I refuse?
Expert:  taratill replied 1 year ago.
Ok in that case if it is what was agreed they are in breach of contract and in breach of trust and confidence by removing you from the position. It also amounts to an unlawful deduction from wages if you are now being paid less as a result. The fact that you have no written contract to reflect what was agreed does not mean that they are not in breach of contract but they may deny agreeing the permanent change. If you want to act on this you need to do so promptly to avoid being deemed to have 'accepted the change'. You can raise a grievance about this in the first instance and say you are not happy at how they are treated and ask them to put you back in the supervisor position. You can refuse to train a person if it does not form part of the original job role. They may argue it amounts to a reasonable management instruction but under the circumstances of them removing you from the post in breach of contract that may not succeed. If you have any further questions about this please ask. if I have answered your question I would be grateful if you would be so kind as to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
So that mean I need I write a letter to them, that I am not happy about changes?
Expert:  taratill replied 1 year ago.
Yes exactly that, the letter needs to say it is a Grievance and say that they did not have a right to move you to the original role as they had agreed the promotion was permanent and they are therefore in breach of contract.
Customer: replied 1 year ago.
What worries me is that I agreed to go back on line if my money stays the same, but in this weeks pay slip I saw that the money has changed. Should I put that too in a letter?
Expert:  taratill replied 1 year ago.
Yes you should, you need to set it all out in a letter. They will have to listen to your grievance and let you know their answer to it. They will have to demonstrate that they are not in breach of contract by doing this. If they cannot you can ultimately raise a concern via ACAS and raise a complaint in the Employment Tribunals.
Customer: replied 1 year ago.
Ok, thank you.
Expert:  taratill replied 1 year ago.
No problem, please do remember to rate my answer before leaving the site as I am not otherwise paid for working on your question. I will be happy to answer your follow on questions and all the best with this.
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